Not liable!! Grrrrrr :(
17 Jan 2012
In November last year I went over a nasty pothole which caused me to have a flat tyre on the way home from work and was stuck on the motorway 5 months pregnant late in the night on my own. On waiting for the RAC discovered the damage to my alloy/tyre from the pothole. Reported it the next day to the council, they sent me a claims form and asked for the location of the pothole. I told them exactly where it was, I went straight to the scene and took photographic evidence was a good job I did as the next day the hole was filled in!! I visited my car dealer and got them to check out my car I needed a replacement alloy, tyre and tracking which I got quotes for and enclosed them with my claim form and photographic evidence. I waited and waited for a response from the council finally got one today. The letter said that the council was not liable under section 41 of the highways act 1980. I was very upset about this as I cannot afford to replace myself and I expressed my concerns to the woman on the phone from the department that deals with claim she was basically saying you can try and dispute it but they would not change their decision. After looking online I am so happy I found this website as I got all the information I need to fight for my rights in the right way. :) Thanks so much for this site, I will keep you updated hopefully with a happy ending.. I am not letting them get away with this.
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Please be aware that I took Hampshire County Council to small claims court and because they could show that the road had been inspected in the previous 3 months I lost my case.rnI think motorist should report preferably with photographic evidence every pothole they come across and only then will councils be compelled to act
Good luck, have a shifty at my case, Cumbria County Coucil, it is easy if you make the effort.
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